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Evidence Guide: AHCARB605 - Provide consultation in a legal framework

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

AHCARB605 - Provide consultation in a legal framework

What evidence can you provide to prove your understanding of each of the following citeria?

Analyse the legal context

  1. Determine legislation and relevant cases applying to trees within specialist consulting areas of work
  2. Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry
  3. Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice
  4. Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications
Determine legislation and relevant cases applying to trees within specialist consulting areas of work

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Analyse precedent cases to determine advice outcomes

  1. Analyse the jurisdiction of tree matters relevant to specific cases
  2. Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs
  3. Seek and review relevant precedents in law and published case studies
  4. Determine appropriate statutes and supporting precedent cases
  5. Provide arboricultural information based on the legal context
  6. Determine alternative courses of action, and legal and non-legal consequences, and discuss with client
  7. Provide advice within the context of statutes and precedent cases
Analyse the jurisdiction of tree matters relevant to specific cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek and review relevant precedents in law and published case studies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine appropriate statutes and supporting precedent cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide arboricultural information based on the legal context

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine alternative courses of action, and legal and non-legal consequences, and discuss with client

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide advice within the context of statutes and precedent cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Reviewing developing and applying policy knowledge

  1. Analyse and review policy documents in light of legislation and relevant cases
  2. Prepare policy documents based on legislation and relevant cases
  3. Determine areas of uncertainty in policy documents
  4. Seek appropriate legal advice
Analyse and review policy documents in light of legislation and relevant cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare policy documents based on legislation and relevant cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine areas of uncertainty in policy documents

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek appropriate legal advice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare expert report

  1. Developexpertise and specialisedknowledge in arboriculture
  2. Follow statutory framework to give advice and work as an expert
  3. Complete mandatory court requirements of specifications for content of expert reports
  4. Record all observations and test results with precision
  5. State assumptions underpinning policy documents
  6. Substantiate all opinions using external authorities where possible
  7. Prepare and provide a detailed evidentiary expert report
Developexpertise and specialisedknowledge in arboriculture

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Follow statutory framework to give advice and work as an expert

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete mandatory court requirements of specifications for content of expert reports

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Record all observations and test results with precision

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

State assumptions underpinning policy documents

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Substantiate all opinions using external authorities where possible

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and provide a detailed evidentiary expert report

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide expert evidence

  1. Confirm status as independent and unbiased provider of expert evidence consistent with professional practice
  2. Read and comply with expert witness code of conduct
  3. Prepare for the particular jurisdiction and matter at hand
  4. Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence
  5. Provide oral evidence and documented report as required
  6. Assist the court impartially on matters relevant to the expert witness's area of expertise
  7. Seek and provide clarification on areas of uncertainty
Confirm status as independent and unbiased provider of expert evidence consistent with professional practice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Read and comply with expert witness code of conduct

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare for the particular jurisdiction and matter at hand

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide oral evidence and documented report as required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist the court impartially on matters relevant to the expert witness's area of expertise

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek and provide clarification on areas of uncertainty

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

Element

Performance criteria

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Analyse the legal context

1.1 Determine legislation and relevant cases applying to trees within specialist consulting areas of work

1.2 Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

1.3 Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

1.4 Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

2. Analyse precedent cases to determine advice outcomes

2.1 Analyse the jurisdiction of tree matters relevant to specific cases

2.2 Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

2.3 Seek and review relevant precedents in law and published case studies

2.4 Determine appropriate statutes and supporting precedent cases

2.5 Provide arboricultural information based on the legal context

2.6 Determine alternative courses of action, and legal and non-legal consequences, and discuss with client

2.7 Provide advice within the context of statutes and precedent cases

3. Reviewing developing and applying policy knowledge

3.1 Analyse and review policy documents in light of legislation and relevant cases

3.2 Prepare policy documents based on legislation and relevant cases

3.3 Determine areas of uncertainty in policy documents

3.4 Seek appropriate legal advice

4. Prepare expert report

4.1 Developexpertise and specialisedknowledge in arboriculture

4.2 Follow statutory framework to give advice and work as an expert

4.3 Complete mandatory court requirements of specifications for content of expert reports

4.4 Record all observations and test results with precision

4.5 State assumptions underpinning policy documents

4.6 Substantiate all opinions using external authorities where possible

4.7 Prepare and provide a detailed evidentiary expert report

5. Provide expert evidence

5.1 Confirm status as independent and unbiased provider of expert evidence consistent with professional practice

5.2 Read and comply with expert witness code of conduct

5.3 Prepare for the particular jurisdiction and matter at hand

5.4 Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence

5.5 Provide oral evidence and documented report as required

5.6 Assist the court impartially on matters relevant to the expert witness's area of expertise

5.7 Seek and provide clarification on areas of uncertainty

Required Skills and Knowledge

Element

Performance criteria

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Analyse the legal context

1.1 Determine legislation and relevant cases applying to trees within specialist consulting areas of work

1.2 Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

1.3 Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

1.4 Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

2. Analyse precedent cases to determine advice outcomes

2.1 Analyse the jurisdiction of tree matters relevant to specific cases

2.2 Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

2.3 Seek and review relevant precedents in law and published case studies

2.4 Determine appropriate statutes and supporting precedent cases

2.5 Provide arboricultural information based on the legal context

2.6 Determine alternative courses of action, and legal and non-legal consequences, and discuss with client

2.7 Provide advice within the context of statutes and precedent cases

3. Reviewing developing and applying policy knowledge

3.1 Analyse and review policy documents in light of legislation and relevant cases

3.2 Prepare policy documents based on legislation and relevant cases

3.3 Determine areas of uncertainty in policy documents

3.4 Seek appropriate legal advice

4. Prepare expert report

4.1 Developexpertise and specialisedknowledge in arboriculture

4.2 Follow statutory framework to give advice and work as an expert

4.3 Complete mandatory court requirements of specifications for content of expert reports

4.4 Record all observations and test results with precision

4.5 State assumptions underpinning policy documents

4.6 Substantiate all opinions using external authorities where possible

4.7 Prepare and provide a detailed evidentiary expert report

5. Provide expert evidence

5.1 Confirm status as independent and unbiased provider of expert evidence consistent with professional practice

5.2 Read and comply with expert witness code of conduct

5.3 Prepare for the particular jurisdiction and matter at hand

5.4 Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence

5.5 Provide oral evidence and documented report as required

5.6 Assist the court impartially on matters relevant to the expert witness's area of expertise

5.7 Seek and provide clarification on areas of uncertainty

The candidate must be assessed on their ability to integrate and apply the performance requirements of this unit in a workplace setting. Performance must be demonstrated consistently over time and in a suitable range of contexts.

The candidate must provide evidence for and demonstrate:

determining legislation and relevant cases applying to trees within specialist consulting areas of work

reviewing and analysing the relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

applying detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

using common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

analysing the jurisdiction of tree matters relevant to specific cases

applying knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

seeking and reviewing relevant precedents in law and review published case studies

determining appropriate statutes and supporting precedent cases

providing arboricultural information based on the legal context

determining alternative courses of action, and legal and non-legal consequences, and discuss with client

providing advice within the context of statutes and precedent cases

analyzing and reviewing policy documents in light of legislation and relevant cases

preparing policy documents based on legislation and relevant cases

determining areas of uncertainty in policy documents

seeking appropriate legal advice

developing expertise and specialised knowledge in arboriculture

following statutory framework to give advice as an expert

confirming status as independent and unbiased provider of expert evidence within witness code of conduct programs

recording all observations and test results with precision

stating assumptions underpinning policy documents

substantiating opinions using external authorities where possible

preparing and providing a detailed evidentiary report

preparing for the particular jurisdiction and matter at hand

preparing evidence based on factual data, documented observations and results and complying with the rules of evidence

providing oral evidence and respond to questions impartially

seeking and providing clarification on areas of uncertainty.

The candidate must demonstrate knowledge of:

relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

relevant precedents in law and published case studies

arboricultural information based on the legal context

expertise and specialised knowledge in arboriculture

common legal terms associated with within the consultants area of practice with a clear understanding of their meaning and implications

preparation of policy documents based on legislation and relevant cases

preparation of detailed evidentiary reports.

Range Statement